NATIONAL INSURANCE COMPANY Vs. RAM SHRI AND ORS.

JUDGEMENT

(1.) On 03.10.2011 four persons were travelling in a motor car bearing registration no. DL -3C -AD -2967 (the car), admittedly driven by one of them (Shiva Sharma) with three others as passengers, they being Sumit, Swati Soni and Ankur Sharma. The car had left the Gujarati school within the area of Civil Lines Delhi and was moving towards flyover near Inter State Bus Terminus (ISBT), Kashmere Gate, Delhi. At about 2:30 AM, the car came to be involved in a collision against a truck bearing registration no. HR 63A 5512 (the truck), which was admittedly insured against third party risk for the period in question with National Insurance Company Limited (the insurer). As a result of the collision, Sumit died while three other persons suffered injuries. Four accident claim cases came to be preferred one (suit No. 563/2011) instituted by mother of Sumit (a bachelor) and the other three (suit Nos. 564,565 and 566/2011) instituted by Shiva Sharma, Swati Soni and Ankur Sharma for seeking compensation for their injuries.

(2.) Noticeably, the claim case preferred by the mother of deceased Sumit was presented under Section 163A of Motor Vehicle Act 1988 (M.x Act). Similarly, Ankur Sharma had also initially presented his case invoking Section 163A M.V.Act, the other two claimant's cases having been preferred on the principle of fault -liability under Section 166 of M.V.Act. In each of the said four cases, the insurer, driver and owner of the truck were impleaded as respondents. It may further be noted that though in the claim cases presented by the mother of deceased Sumit and by injured Ankur Sharma, compensation was sought under structured formula basis, allegations were made that the accident had occurred due to negligence on the part of the truck driver since he had parked his vehicle unauthorisely and illegally on the main road without applying the requisite safety measures including caution lights.

(3.) The Motor Accident Claims Tribunal (the Tribunal) noted in the proceedings recorded on 18.04.2012 that all the four cases arose out of the same accident and thus consolidated them for purposes of inquiry treating the fatal accident case (Suit No. 563/2011) as the lead case. Common issues were framed on 18.04.2012, the prime one whereof was meant to address the question as to whether the accident had occurred resulting in death of Sumit and injuries to three other claimants due to negligent act on the part of the driver of the truck. Evidence was led in the lead case (claim for death of Sumit) where Ram Shree, mother of Sumit appeared as PW -1 on the strength of her affidavit (Ex.PW -1/A). In addition Swati Soni, Ankur Sharma and Shiva Sharma examined themselves in support of their respective cases as PW -2, PW -3 and PW -5 respectively on the strength of their affidavits (Ex.PW -2/A, PW -3/A and PW -5/A respectively). The insurer also examined one witness Shyam Singh Bisht (R3W1) on the basis of his affidavit (Ex.R3W1/A).